Wednesday, January 04, 2006

Moist Rub Legal

As many of you may know, I am a high powered investor in the stock market. In fact, it comes so easy to me, and I’ve made so much gad durned money doing it, I’ve taken to investing in only one share at a time in order to even the playing field with the other investors. Sure, it’s difficult to earn money doing this, but I told you, I’m good, plus I have plenty of money left over from my soap opera days (You may remember me as the suave veterinarian, Dr. Dizzy Havaids, on "As the Chimp Yearns". It was a big hit in the late seventies/early eighties, riding the Every Which Way But Loose and BJ and the Bear anthropomorphic ape fad.) Recently, I found myself in a bit of a legal telephone pole climbing competition with some litigious gutter snipes from the shareholder service of a given company of which I owned one share. Apparently, over the years that I owned this share, the company was bought and sold a number of times. Eventually, supposedly since my one share was raking havoc on their books (but probably they feared my presence was a takeover threat) they asked me to cash out and pocket my $32.43. Since the stock price had not yet hit my sell point, I continued to hold. So, they sent me the stock certificate. And then they foolishly sent me an undeserved additional one. I filed both documents appropriately by placing them somewhere on my bar.

Time past, supposedly correspondences were sent to me, phone calls were made, parties where had utilizing my bar, things were spilled upon, information was learned and forgotten and forgotten again, and then sort of remembered, but not really, and maybe a deja vu here and there, and all of a sudden, I received a FINAL REQUEST letter, via Fed Ex, from some brie-eating, clean-shit-smelling pseudo-legal type fellow demanding that I return the ill-gotten stock certificate or they would kick me down and pester me with "herewith"s and "nisi prius"es until I caved. This irked me for two reasons. First, lawyers suck. Second, their FINAL REQUEST was the first I heard about this heinous matter. And third, (I lied, there are three reasons) it’s only one goddam share!

Below is the FINAL REQUEST letter I received from the corporate legal weasel. Below that is my response to him. My hope is that others can benefit from my experience, as I will be living in a shoe horn box in the street soon, unless justice (as if there is any for oppressed, little people like me) prevails.



November 23, 2005


Moist Rub
Some Huge Castle
Chicago, IL 60010

Re: Give us back our stock certificate, you sniveling little nobody

Dear Mr. Rub:

As indicated in prior correspondence, you were sent certificate #38393 for 1 share on or about September 2, 2005. You were not, in fact, entitled to the shares. To date, you have failed to respond to our requests for the return of certificate #38393. If you continue to fail to respond, we will have no alternative but to take legal action to recover funds that are the subject of this demand. Such legal action may include referral of this matter to a collection attorney or the filing of a lawsuit or both. We look forward to your response within sixty (60) days of the date of this letter. If you do not respond within that time, we reserve the right to take any legal action to which it is entitled under applicable law.

Please remit certificate #38393 to us in the enclosed, postage paid envelope (ed. note: remember this for later). Once we have received the certificate, we will release you from its claim.

Please forward that correspondence to Asswipe Shareholder Service, Personal/Confidential: Attn: Willie Fukyerass, Esq., 3rd cubicle on the right in the basement, Canton, MA 02021. Thank you in advance for your prompt attention to this matter.


Willie Fukyerass
Assistant Counsel

Cc: Some other bitch that will sue you if I’m unsuccessful


January 2, 2006

Re: Blow me

Dear Mr. Fukyerass, Esq.,

I received your threatening letter regarding stock certificate #569857. Very nice. Asswipe Shareholder Service (ASS) screws up and may or may not have sent me something they shouldn’t have, and I’m the one that gets threatened with a law suit. This is such a wonderful legal system, undoubtedly built by frog-assed lawyers.

As you stated, I was "not, in fact, entitled to the shares." Then why did you send them to me, allegedly? As if I was "in theory" entitled to the shares. Or maybe I was "for Pete’s sake" entitled to the shares. Or, possibly, I might have been "assumed by a third party" entitled to the shares. I’m sorry. I don’t understand why you used the phrase "in fact" in that sentence. It seems extraneous - probably a pretentious lawyer thing. It does, however, insinuate that somehow I was at fault for allegedly receiving these shares (actually one share, but you used the plural, probably to cover your ass in case your company sent multiple shares, but you wouldn’t know that because nobody there knows what is actually going on, otherwise, none of this would have happened). It doesn’t sit well with me.

Let me revisit a point I made earlier. ASS screws up and then threatens to sue me. That is rich. Did I tell you I love this legal system? Speaking of screwing up, in the letter you sent me "VIA FEDERAL EXPRESS" (a letter that stated FINAL REQUEST, which was a relief to me at first because I thought, "great, maybe they’ll get off my back now.") you asked me to "remit certificate #84802 in the enclosed, postage paid envelope." But, there was no "postage paid envelope" enclosed. Imagine that. Yet another screw up. Or, maybe it was a lie. I’m pretty sure you lawyers have some law made up on the books to sue me for that, too.

To make things more clear for both of us, allow me to outline the situation as I see it.

1. ASS screws up.

2. ASS sends a FedEx letter, which I assume asks for the certificate back, but I never received the letter since FedEx doesn’t leave the letter at my door and expects me to take time from my regularly scheduled life to go pick it up because ASS screwed up in the first place.

3. It gets fuzzy after that because I stopped paying attention. ASS may have sent another letter via FedEx that I didn’t get because they would have sent it to my house on a weekday when I wouldn’t be home because I was at work, and they must have once again expected me to take time from my life to go fetch it, but I’m not sure. There were maybe a couple of phone messages left, too. I don’t remember, exactly. Feel free to sue me for not returning telephone calls. There’s gotta be a law against that, too.

4. I get the FINAL REQUEST because I happen to be home on a vacation day, and it pretty much ruined my New Year because I was worried about the big mean lawyers suing me because ASS screwed up. So, I let it fester in my head for about a month or so, because the lawyer guy said I had 60 days before they crush me. As if there is anything significant about 60 days as opposed to 59 or 61.31 days.

5. I waste more time of my life writing this silly letter because ASS screwed up and I’ll get sued because of it, which will undoubtedly waste more time from my life and dry up any cash I have laying around paying for other lawyers to fight the lawyers who represent the people who screwed up in the first place. But then the ASS lawyers will win, because my lawyers are probably no good since I don’t have a lot of money to pay them. So ASS wins the suit, but I have no money left to pay the settlement because my lawyers ripped me off, and ASS takes everything I own and forces me and my kids to live in the street picking the beards of bums hoping to find a discarded morsel of a crouton as sustenance.

Here’s the deal. Send me a postage paid envelope to my work address (below) as I’m there during the day. If you send it to my home address, and I’m not there, and FedEx expects me to come get it, forget about it. This fiasco has already wasted too much of my time here on Earth. But, this time, actually send the envelope. Don’t just brag about having sent it merely to impress the ladies in the Steno Pool. If I find the certificate, I’ll send it back. Honestly, I’m not really sure where it is or if I even have it. Sue me for being an unorganized slob. There’s gotta be laws about that - just ask my ex-wife. I know that you are still only an Esquire and probably haven’t memorized all of the laws yet, but if you look hard enough, I’m sure you can find a law to sue me for being a sloven, as well as other laws to get me for all the stuff I’ve written in this letter. If you plan on spending your life suing people, you had better cut your teeth on defenseless plebians like me who don’t really give a crap before you start knocking heads with the big boys.

Thank you for my time.

Moist Rub
Work Address: (withheld from blog, I don't want to drag you into this mess)

p.s. You have one hundred fifty-six (156) arbitrary days to do this, otherwise I may have to come up with threats to combat your threats regarding temporal restraints you placed on me.

p.p.s All of this for one lousy share. I hope your cases get bigger as time goes on so you can sue some real important people.


LA Ray said...

you seem put out a bit

Suzie said...

"eh, how long does it take to suffocate?"

keysunset said...

You pitiful thing! Perhaps you should hire a professional organizer to come help you find the stock certificate. It could be like a soap opera.

Pretty young thing falls in love with her client, Moist. She becomes your boon companion, stays loyal to you through trial and eventual incarceration. She visits you in prison while continuing to search for the stock certificate. One day, she notices something sticking out of the wall of your home where your dogs are destroying the drywall for the upteenth time. Voila, stock certificate! You are saved and live happily ever after.

*sniff* I love happy, romantic endings. (I love edgy, tragic ones, too, but I wanted fate to smile on you ...)

Smoothmagne said...

You're not really going to give those bloodsuckin bastuds the share back, are you?

I live in Massachusets...whats their address...I'll show them for messing with Leper Pop.

Willie said...

I'm watching you....

P-Geo said...

"Or maybe it was "for Pete’s sake" MR was entitled to the shares. "

It was for my sake! - You should be greatful that people are sending you mail.

Now we are even for you picking my winning Fantasy Football team. Still waiting to receive the $840 in prize money and sporting the 2005 DNFL champion belt buckle.

Sid F'er said...

Remember if you tuned into Ray Rayner too early, you would get the farm report?

That's why I only invest in pork bellies. They rarely send you an extra one of those by mistake.

213 said...

No leveraging your ass deep into soy beans and cocoa futures?

HR said...

Don't worry Moist, they'll probably just tag you with an ankle bracelet and confine you to your vast estate like they did Martha.

bibi said...

Dear Moist ... My name is really Maria ... I live outside Washington, DC ... I'm not drunk tonight in writing you and I can see you are gen-u-wine-ly upset I and Mr. BibiMaria would be in such an eventuality. We are not lawyers but we are close enough. I make pasta sauce and drink too much red wine and write you on a regular basis ... and the Mr. is a reseacher downtown ... PhD ... University of Chicago ... Great for being Brainiac but what year is this after all?

Go get those guys over your share ... That just don't make sense at all ... Go get them through the auspices of whatever outfit you used to set up the transaction ...

We've had to sell shares and do all kinds of stuff with investments that went down the tubes bec. we're not money smart and bec. the country has turned into Dr. Strangelove Land but we have gotten our shares back and just in time sometimes ... NOBODY WRITES US BACK LIKE THAT AND WE ARE NOT MOIST RUB!!

Get some good counsel ... and give them hell and if this is joke I'll just stay away for a few days or weeks until my shame has subsided and I dare to like live again ...

keysunset said...

Moist is still around posting because:
1) He found the one share in the wall while replacing the dry wall.
2) The hot personal organizer he hired found it for him.
3) The appeals are still winding their way through the courts.
4) The deluxe white collar prison where he is now housed gives him computer access and he has plenty of time on his hands.

Have a great day!